For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public or private right-of-way which affords only a secondary means of access to abutting property.
ARTERIAL. A main traffic artery, more or less continuous across the city, which acts as a principal connecting street with state and federal highways and includes each street designated as an arterial street on the major street plan.
BASEMENT. Any story located below the main floor.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
BUILDING. Any structure having a roof, supported by columns or walls, for shelter or enclosure of persons or property.
CITY. The City of Sioux Falls, South Dakota.
COLLECTOR. A street which carries traffic from local streets/roads to arterial streets or highways, including the principal entrance streets of a residential development and streets for circulation in that development.
COMMON AREAS. As used in this chapter, unless the context otherwise requires and unless otherwise provided in the master deed or lease, include:
(1) The land whether fee simple or leased on which the building or buildings stand;
(2) The land which is used to access the building or buildings;
(3) The foundations, main walls, roofs, halls, lobbies, stairways and entrances and exits and communication ways;
(4) The basements, flat roofs, yards, gardens, recreation facilities and parking areas, unless otherwise provided or stipulated;
(5) The premises for the lodging of janitors or persons in charge of the building or buildings, except as otherwise provided or stipulated;
(6) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks, pumps and the like;
(7) The elevators, garbage incinerators and in general all devices or installations existing for common use; and
(8) All other elements of the property rationally of common use or necessary to its existence, upkeep and safety. See SDCL 43-15A-5.
COMPREHENSIVE DEVELOPMENT PLAN. Any legally adopted part or element of the comprehensive plan of the City of Sioux Falls.
CONCEPT PLAN. A basic plan that is preparatory to the preliminary plan.
CONDOMINIUM. Includes separate interest in common areas and other portions of real property.
CONTRACTOR. The person who contracts with an individual or the developer to construct a building or structure on a parcel of land.
CUL-DE-SAC. A local street with only one outlet having an appropriate terminal for safe and convenient reversal of traffic movement.
DEDICATED. A grant of land to the public for their perpetual use.
DEVELOPER. The owner of land proposed to be subdivided or its authorized agent who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.
DOUBLE FRONTAGE. A lot which abuts a street on two opposite sides (not a corner lot).
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the property. An EASEMENT is also a means to acquire a legal right for a specific use of land owned by others.
ENGINEERING DESIGN STANDARDS. The current engineering design standards for public improvements of the city entitled City of Sioux Falls Engineering Design Standards for Public Improvements, also referred to as "EDS" or "city design standards."
EXPRESSWAY. A principal traffic artery, serving the major centers of activity, the highest traffic volume corridors and the longest trip desired, with partially or fully controlled access.
DEVELOPMENT ENGINEERING PLAN. The development engineering plan shall address the engineering aspects of topography and infrastructure.
FRONTAGE ROAD. A street used only for access to abutting property where there will be constructed an expressway or arterial street.
HOMEOWNERS ASSOCIATION. An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions through which each owner or a portion of a subdivision, be it a lot, parcel site, unit plot, condominium or any other interest, is automatically a member or assessment for a prorated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest or member.
LOCAL STREET. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for various utilities but not intended to be used for through traffic.
LOT. A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
LOT, FLAG. A flag lot has two distinct parts: the flag and the pole. The flag contains the buildable area and is located behind another lot; and the pole, which connects the flag to the street, and provides the only street frontage for the lot.
LOT OF RECORD. A parcel established by the county or a lot that is platted as part of a subdivision that has been recorded in the office of the register of deeds, or a parcel of land, the deed to which was recorded in the office of the register of deeds prior to the effective date of the subdivision ordinance. Any lot or parcel of land created through a violation of any applicable laws or ordinances of the state, county, or the city shall not, in this instance, be considered a LOT OF RECORD.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement), but not including an unfinished crawl space used for access.
MAIN FLOOR. The lowest story in which more than six feet lies above grade for more than 50% of the perimeter or in which any point is more than 12 feet above grade.
MAJOR DRAINAGEWAY. The main corridor for storm water flow through developments. MAJOR DRAINAGEWAYS are identified as intermittent streams on USGS quadrangle maps or as otherwise approved by the city engineer.
MAJOR STREET PLAN. The major street plan adopted through the MPO transportation planning process and as approved by the city council.
MUTUAL ACCESS EASEMENT. An easement granting the perpetual right of abutting property owners to use a designated portion of property for common ingress and/or egress purposes. The easement area shall be maintained by the abutting property owners. The easement is not to be considered required frontage.
OWNER. The record owners of real property in fee simple including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to the land sought to be subdivided.
PARCEL. Any contiguous quantity of land in the possession of, owned by or recorded as the property of the same claimant, person or company.
PLAT. A map, a representation on paper or transferable to paper (e.g., electronic), of a piece of land subdivided into lots, parcels, tracts or blocks, including streets/roads, commons and public grounds, if any, all drawn to scale and complete with all irrevocable offers of dedication.
PRELIMINARY SUBDIVISION PLAN. The preliminary subdivision plan shall address the preliminary subdivision plan’s internal street network and associated lot and block layout and the relationship to proposed zoning and land use.
PRIVATE STREET. A street that has not been accepted by the city or other governmental entity, but rather reserved by platting a private easement. Private streets shall be named based upon the standards of § 157.113(j) Street naming criteria.
REPLATS. The adjustment and/or vacation of property lines which reallocates or consolidates land area of contiguous lots or parcels, provided that the adjustment or vacation of property lines, sites or other divisions of land under stated conditions of this subdivision chapter.
RESPONSIBLE PARTY. A responsible party means any person seeking to plat a subdivision, including but not limited to (a) owners holding the land for investment purposes, who are not engaged in construction and not holding themselves out as real estate developers, and (b) any developer who is holding or purchasing the land primarily for sale to customers in the ordinary course of business and who is seeking to subdivide property or obtaining a
construction permit authorizing the commencement of construction activities for a subdivision. A responsible party must file and comply with subdivision plans and other requirements under this chapter (including entering into a Subdivision Construction Agreement and posting a suitable Performance Security and/or Warranty Security, as applicable), regardless of whether such requirements refer to an "Owner" or "Developer" or both.
RIGHT-OF-WAY. A strip of land, defined as an easement, occupied by a public or private street, railroad, pedestrian walkways, or other special use.
SETBACK. The line that is the required minimum distance from any lot line that establishes the area within which the principal structure must be created or placed.
SHARED USE PATH. A multi-use path designed primarily for use by bicyclists and pedestrians, including pedestrians with disabilities, for transportation and recreation purposes. Shared use paths are physically separated from motor vehicle traffic by an open space or barrier, and are either within the highway right-of-way or within an independent right-of-way.
STRUCTURES. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.
SUBDIVISION CONSTRUCTION AGREEMENT. A contract entered into by the developer or owner and the city by which the responsible party warrants and promises to complete the required public improvements within the subdivision within a specified time period.
SUBSTANTIAL BUILD-OUT. A subdivision in which at least 90% of the individual lots or 90% of the real property within the approved subdivision has been developed by the completion of planned vertical and
horizontal construction and the remaining property has been permanently stabilized.
TRANSFER OF OWNERSHIP PLAT. A plat only for the purpose to subdivide into one additional lot a larger piece of land to transfer from one owner to another that must follow the requirements within § 157.080.
(1992 Code, App. A, § 15A.01.080) (Ord. 81-08, passed 7-7-2008; Ord. 92-12, passed 12-4-2012; Ord. 08-17, passed 1-3-2017; Ord. 87-18, passed 10-2-2018; Ord. 97-22, passed 8-16-2022)